Result of the resolution: Declaration of breach
The lack of implementation of the safety measures portrayed to the RLOPD applicable to the files and not automated treatments, is constitutive of a severe offense. The noncompliance of the formal duties established in the article 12.2 of the LOPD is constitutive of a slight offense. In the contract by which the access to data is regulated on account of third, the concrete safety measures have to be stipulated that the person in charge of the treatment has to implement. Applied articles: 9, 12, 44.2.d, 44.3.h of the LOPD; 107 and 108 RLOPD.